Legal
Terms of Service
1.1 Overview
Burd & Co. ("we," "us," "our," or "Company") operates burdandco.com ("the Site"), a directory platform connecting clients with photographers, designers, and other creative professionals based in Southern California. By accessing or using the Site, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you must not use this Site.
1.2 Directory Services
The Site is a directory platform only. Burd & Co. (a) does not participate in, facilitate, or mediate any agreements between creatives and clients; (b) is not responsible for the quality, legality, or performance of services provided by any listed creative; (c) does not provide any warranty regarding any creative's work, qualifications, or professionalism; and (d) makes no representation about the suitability of any creative for any particular project.
All business dealings, contracts, and disputes between clients and listed creatives are the sole responsibility of those parties. Burd & Co. reserves the right to remove any listing for any reason without notice or refund.
1.3 Listing Approval and Vetting
All listings on the Site are manually reviewed and approved by Burd & Co. before posting. We reserve the right to reject or remove any listing at our sole discretion that we determine (in our subjective judgment) to be inappropriate, misleading, or in violation of these Terms. Approval does not constitute an endorsement of the creative or guarantee of their qualifications.
1.4 Paid Listings and Billing
Annual Fee
All listings are charged at a flat annual rate of $333.00 USD per 12-month period. The annual period begins on the date of initial payment and renews annually thereafter if auto-renewal is enabled.
Payment Processing
Accepted payment methods include PayPal, Zelle, and Venmo. Payment instructions will be provided upon approval of your listing application. Your listing will not go live until payment is confirmed.
Refund Policy
A full refund of the listing fee is available if requested within 30 calendar days of the date payment was received. No refunds, partial refunds, or pro-rated refunds will be issued after the 30-day window has closed, including if you request to remove your listing before the 12-month period ends. If your application is rejected before your listing goes live, a full refund will be issued regardless of the 30-day window. Full details are set out in our Refund Policy.
Renewal
Listings are offered on an annual basis. We will contact you at least 30 days before your listing expires to offer renewal. Renewal is not automatic; your listing will be removed at the end of the 12-month period if you do not renew. Renewal is subject to re-approval under the editorial standards in effect at the time of renewal.
1.5 User Conduct
When listing on our Site, you agree that you will not:
- Post, upload, or submit any content that is illegal, fraudulent, defamatory, threatening, harassing, abusive, or obscene.
- Infringe on any third party's intellectual property, privacy, or publicity rights.
- Misrepresent your credentials, experience, qualifications, or availability.
- Use the Site for unlawful purposes or to solicit business outside the scope of the directory.
- Spam, phish, or harass other users or clients.
- Attempt to reverse-engineer, disrupt, or hack the Site or its infrastructure.
Burd & Co. reserves the right to immediately remove any listing and prohibit future use of the Site by any user who violates these terms, at our sole discretion, without notice or refund.
1.6 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BURD & CO. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SITE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR LISTING IN THE 12 MONTHS PRECEDING THE CLAIM.
1.7 Indemnification
You agree to indemnify, defend, and hold harmless Burd & Co., its officers, employees, agents, and successors from and against any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from: (a) your use of the Site; (b) your violation of these Terms; (c) your infringement of any third-party intellectual property or privacy rights; (d) disputes between you and any client resulting from services listed on the Site; or (e) any other conduct or content you post on the Site.
1.8 Disclaimer of Warranties
THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BURD & CO. DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES.
1.9 Entire Agreement and Modifications
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Burd & Co. We may modify these Terms at any time by posting an updated version on the Site. Your continued use of the Site after modifications constitutes your acceptance of the updated Terms. We will make reasonable efforts to notify users of material changes.
1.10 Governing Law and Jurisdiction
These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. Any legal action or proceeding relating to the Site must be brought exclusively in the state or federal courts located in San Diego County, California, and you consent to the personal jurisdiction of these courts.